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Moral injury (50,-666)

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Keywords: Moral injury
Total judgments found: 323

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  • Judgment 3886


    124th Session, 2017
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to reject his request for a job grading review.

    Consideration 6

    Extract:

    The complainant claims that the proceedings before the IRG took four years, which constitutes an inordinate delay. The ILO submits that the delay is reasonable as the complainant’s request was clearly irreceivable and did not cause him any prejudice. The Tribunal notes that paragraph 19 of Circular No. 639 [...] provides that appeals shall normally be processed within three months. As the complainant’s request was not complicated and the Organization has not provided any real justification for the delay, the complainant is entitled to an award of moral damages. Considering the obvious irreceivability of the original request, the Tribunal sets the award at 2,500 Swiss francs.

    Keywords:

    delay; moral injury;



  • Judgment 3884


    124th Session, 2017
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision not to extend her appointment beyond the mandatory retirement age.

    Consideration 23

    Extract:

    The unlawfulness of the impugned decision has, in itself, caused the complainant moral injury, for which compensation must also be paid.

    Keywords:

    moral injury;



  • Judgment 3881


    124th Session, 2017
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to grant him sick leave after his dismissal for misconduct.

    Consideration 9

    Extract:

    [T]he complainant’s confidentiality was breached when, without his consent, the certificate [...], which mentioned the nature of his incapacity, was disclosed to the Appeals Committee with the FAO’s reply in the internal appeal proceedings. The information it contained was then specifically repeated in the Appeals Committee’s report to the Director-General. As a result, the Tribunal finds that the FAO breached the complainant’s right to privacy when confidential medical information concerning the nature of his incapacity was passed to third parties. This aspect of the complaint is therefore well founded and the complainant will be awarded [...] moral damages in the circumstances.

    Keywords:

    confidential evidence; medical certificate; moral injury; right to privacy;



  • Judgment 3871


    124th Session, 2017
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges WHO’s refusal to reinstate him after the decision to dismiss him was set aside.

    Consideration 18

    Extract:

    Consistent precedent has it that the rule laid down in Article VII, paragraph 1, of the Statute of the Tribunal that internal means of redress must first be exhausted does not apply to a claim for compensation for moral injury, which constitutes a claim for consequential relief which the Tribunal has the power to grant in all circumstances (see Judgment 2609, under 10, or Judgment 3080, under 25).

    Reference(s)

    ILOAT reference: Article VII, paragraph 1, of the Statute
    ILOAT Judgment(s): 2609, 3080

    Keywords:

    internal remedies exhausted; moral injury;



  • Judgment 3862


    124th Session, 2017
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the termination of her appointment on disciplinary grounds.

    Consideration 29

    Extract:

    This leads to a question of what relief should be afforded the complainant. She has demonstrated a procedural flaw which denied her due process. However the findings of the Registrar and his decision to terminate the complainant’s appointment were open to him. In the circumstances, the complainant is entitled to moral damages [...].

    Keywords:

    moral injury;



  • Judgment 3846


    124th Session, 2017
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant objects to the working conditions to which she was subjected during a secondment and contends that the ITU breached the rules on performance appraisals.

    Consideration 8

    Extract:

    The Tribunal is of the opinion that, as the [organisation] itself recognises, the events to which the Appeal Board referred do not constitute “extraneous, unforeseeable and compelling factors”. The defendant organisation may not therefore rely on force majeure to justify a failure to comply with the time limit for the submission of the Board’s report. In this case, however, this flaw had no practical implications and hence does not warrant an award of damages.

    Keywords:

    force majeure; internal appeal; moral injury;



  • Judgment 3845


    124th Session, 2017
    African, Caribbean and Pacific Group of States
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his appointment at the end of his probationary period.

    Consideration 10

    Extract:

    The complainant having withdrawn his claim for reinstatement, it suffices for the Tribunal to order compensation for the material damage and moral injury that he has suffered.
    Having regard especially to the complainant’s age, his qualifications, his experience and the length of time that he spent in the ACP Group’s service, it is reasonable to award him damages under all heads equivalent to the salary and benefits that he would have received in the 24 months from [...] the date on which he left the organisation, less his professional earnings from other sources over that period. The ACP Group must also pay the complainant the equivalent of the employer’s and employee’s contributions that would have been due to the Provident Fund if his employment had continued during that same period.

    Keywords:

    material damages; moral injury; reinstatement;



  • Judgment 3824


    124th Session, 2017
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed an application for execution of Judgment 3421.

    Considerations 7-8

    Extract:

    [The Organisation] executed Judgment 3421 as far as possible having regard to the change in circumstances since the end of the disputed competition. It did not act unlawfully by stating that it was impossible for it to re-open the competition, because this was prevented by a restructuring, the need for which cannot be contested. Nor did it act unlawfully by failing to provide additional information to the complainant, beyond that which it had provided at his request in the letter dated 1 November 2013.
    Nevertheless, the defendant’s failure to inform the Tribunal of a change in circumstances that would have rendered moot the complaint leading to Judgment 3421 led to the adoption of that same judgment, the execution of which is partly impossible. The complainant is thus entitled to moral damages, though it must also be taken into account that he too could have informed the Tribunal of the change in circumstances.

    Reference(s)

    ILOAT Judgment(s): 3421

    Keywords:

    duty to inform; execution of judgment; moral injury;



  • Judgment 3823


    124th Session, 2017
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed an application for execution of Judgment 3225.

    Consideration 4

    Extract:

    Under Article VI, paragraph 1, second and third sentences, of the Statute of the Tribunal, the Tribunal’s judgments are final and without appeal, but it may consider applications for interpretation, execution or review of those judgments. As the case law has consistently stated (since Judgment 82, under 6), the Tribunal’s judgments are therefore immediately operative, a principle also stemming from their res judicata authority. International organisations that have recognised the Tribunal’s jurisdiction are bound to take whatever action is required by a judgment, which must be executed as ruled (see, for example, Judgments 1887, under 8, 3003, under 12, 3152, under 11, and 3394, under 9). Furthermore, the parties must work together in good faith to execute judgments. Execution must occur within a reasonable period of time, having regard to all the circumstances of the case, especially the nature and the extent of the action which the organisation is required to take (see, for example, Judgments 2684, under 6, 3066, under 6, and 3656, under 3).

    Reference(s)

    ILOAT reference: Article VI, paragraph 1, of the Statute
    ILOAT Judgment(s): 82, 1887, 2684, 3003, 3066, 3152, 3394, 3656

    Keywords:

    execution of judgment; good faith; moral injury; res judicata;



  • Judgment 3792


    123rd Session, 2017
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant has filed an application for execution of Judgment 3045.

    Consideration 8

    Extract:

    [T]he delay in executing Judgment 3045 has caused the complainant moral injury, which may be fairly redressed by awarding him compensation in the amount of 20,000 euros.

    Reference(s)

    ILOAT Judgment(s): 3045

    Keywords:

    execution of judgment; moral injury;



  • Judgment 3782


    123rd Session, 2017
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants contest the classification of their posts.

    Consideration 5

    Extract:

    The claim for moral damages for the excessive delay in the internal appeal proceedings is founded. Consistent case law holds that an unjustified duration of four years for the processing of an internal appeal constitutes an excessive delay. In the present case, the EPO has not justified in any way the three-year delay from the time of the filing of the internal appeals and the filing of its position paper. Considering the length of the delay, the nature of the question raised, and the age of the complainants, the Tribunal sets the award of moral damages in the amount of 3,000 euros per complainant.

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 3777


    123rd Session, 2017
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss his allegations of harassment and his performance appraisal for 2011 to 2013.

    Consideration 15

    Extract:

    These allegations have been detailed as, even given the responses of the complainant’s responsible chief, they provide with some of the complainant’s other allegations, a case which required further investigation and consideration and should have been referred to a Commission of Inquiry for the conduct of an inquiry. For the omission to refer the matter to a Commission of Inquiry, the complainant will be awarded moral damages [...].

    Keywords:

    harassment; moral injury;



  • Judgment 3773


    123rd Session, 2017
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant disputes the calculation of the number of years of service taken into consideration to determine the date on which she became eligible for personal promotion.

    Consideration 5

    Extract:

    [I]t is well settled in the Tribunal’s case law that international organisations must respond to requests from their staff members within a reasonable period of time (see Judgment 3188, under 5). In the instant case, in March 2011 the complainant asked the ILO when she would become eligible for a personal promotion. It was not until 5 December 2012, in other words more than one and a half years later, that the ILO gave her an initial reply. The Tribunal considers that this delay is abnormal and constitutes a breach of the Organization’s duty of diligence towards a member of its staff. This breach is all the more glaring for the fact that the Organization’s reply was merely provisional, since the issue of how to calculate years of service under daily contracts had been referred to a joint panel. This situation caused the complainant moral injury [...].

    Reference(s)

    ILOAT Judgment(s): 3188

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 3761


    123rd Session, 2017
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge a circular that implements amendments to the Rules of the Medical Benefits Fund.

    Consideration 15

    Extract:

    As the decision of the Director-General to amend the MBF Rules was not taken in compliance with the amendment provisions in these Rules […] and, in particular, did not obtain the approval of the General Assembly of Participants, the decision was unlawful and will be set aside. It follows that the amendments to these Rules are of no force or effect. The complainants are entitled to an award of moral damages for the Organization’s complete disregard of the MBF’s statutory provisions and the resulting unlawful decision.

    Keywords:

    general decision; moral injury;

    Consideration 15

    Extract:

    As the interveners are in the same position in fact and in law as the complainants, their applications to intervene are accepted and they are also entitled to moral damages.

    Keywords:

    intervention; moral injury;



  • Judgment 3755


    123rd Session, 2017
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his continuing appointment owing to the abolition of his position.

    Consideration 15

    Extract:

    The Tribunal considers that the Organization did not process the internal appeal with the requisite promptness and diligence. According to well-established case law, “[s]ince compliance with internal appeal procedures is a condition precedent to access to the Tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed” (see Judgments 2197, under 33, and 2841, under 9). A period of approximately two years is plainly unreasonable in light of all the circumstances of the case.

    Reference(s)

    ILOAT Judgment(s): 2197, 2841

    Keywords:

    delay in internal procedure; moral injury;



  • Judgment 3751


    123rd Session, 2017
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former WHO staff member, challenges the decisions to abolish her post and to terminate her fixed-term appointment.

    Consideration 10

    Extract:

    [I]t was not for the complainant to have to discern from all surrounding circumstances known to her the reason why her post had been abolished and the reason why she had not been matched to a new position. It was incumbent on WHO to provide those reasons both as a matter of fairness and also to safeguard the complainant’s right to contest the decision (see Judgment 3041, consideration 8). WHO’s failure to provide those reasons entitles the complainant to moral damages.

    Reference(s)

    ILOAT Judgment(s): 3041

    Keywords:

    burden of proof; duty to inform; moral injury;



  • Judgment 3742


    123rd Session, 2017
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the direct appointment of Ms S. to the position of Director, Office of Support to Decentralization.

    Consideration 16

    Extract:

    [T]he Appeals Committee did not provide that information to the complainant, in breach of its duty of procedural fairness. It is well established in the Tribunal’s case law that a “staff member must as a general rule have access to all evidence on which the authority bases (or intends to base) its decision against him” (see Judgment 3264, under 15). The complainant will be awarded moral damages [...].

    Reference(s)

    ILOAT Judgment(s): 3264

    Keywords:

    due process; internal appeal; moral injury;

    Consideration 15

    Extract:

    The procedural irregularity which has resulted in setting aside the impugned decision caused the complainant a moral injury [...].

    Keywords:

    moral injury;



  • Judgment 3730


    123rd Session, 2017
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contends that Eurocontrol withdrew his title and duties as Head of Section.

    Consideration 6

    Extract:

    [T]he behaviour of the complainant’s superiors, whom he was entitled to presume had authority, maintained his belief that they would take the necessary steps to have him promoted to the generic post corresponding to the duties entrusted to him, or that he would be granted a differential allowance, which he claims for the first time in these proceedings.
    As such a promotion procedure was not feasible under Article 5(3)(c) or Article 45a(1) of the Staff Regulations, the complainant was unduly kept in an illusory position for an excessively long time, which undeniably constituted a substantial affront to his dignity.

    Keywords:

    moral injury; respect for dignity;



  • Judgment 3727


    123rd Session, 2017
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, whose post was abolished following a restructuring exercise, challenges the new final decision taken by the Secretary General pursuant to Judgment 3208.

    Consideration 15

    Extract:

    What the Federation does not do in its pleas and evidence is to demonstrate that it corresponded or otherwise communicated with the complainant about specific available positions encouraging the complainant to apply for or pursue them or to demonstrate that, at the time, it undertook any sort of analysis of positions which might, at least potentially, have been positions to which the complainant might be transferred as contemplated by Article 11.3.2 of the Staff Regulations. It was not sufficient for the Federation to take the approach, as it apparently did, that it was incumbent on the complainant to identify other positions for which he might be suitable and then apply for those positions. The Federation bore the onus of showing the complainant was not able to remain in the Federation’s service in some capacity (see Judgment 2830, consideration 9). A much more active role was required of the Federation in circumstances where a long-serving member of staff towards the end of his career was facing the prospect of his employment being terminated because of redundancy. The Federation’s obligations have been described as requiring it to do “its utmost to find [an official facing redundancy] a post which matched his skills and level of responsibility” [...] (see Judgment 2090, consideration 7). The Federation failed in its duty towards the complainant and, in this respect, the complainant is entitled to moral damages.

    Reference(s)

    ILOAT Judgment(s): 2090, 2830

    Keywords:

    abolition of post; burden of proof; duty of care; moral injury; reassignment; respect for dignity;



  • Judgment 3726


    123rd Session, 2017
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss her claim for compensation on account of labour exploitation and compulsory labour.

    Consideration 20

    Extract:

    [The Tribunal] can grant damages if it is not disputed that the complainant performed work beyond her current grade (see, for example, Judgment 3284, considerations 14 and 17). The Tribunal therefore determines that the complainant is entitled to material damages for the tasks that she performed above her G.5 grade, and that she is entitled to moral damages for the prejudice that she suffered by IOM’s breach.

    Reference(s)

    ILOAT Judgment(s): 3284

    Keywords:

    grade; material damages; moral injury; order; post classification; reclassification; retroactivity;

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Last updated: 23.11.2020 ^ top